The Law's Equality: Why It Must Be Applied Universally

The concept of equality before the law is a fundamental principle of legal systems worldwide, stemming from the idea that all people, regardless of their status, are subject to the same laws and entitled to equal protection under those laws. This principle, also known as legal egalitarianism or legal equality, asserts that the law should apply equally to all individuals, regardless of race, gender, religion, or any other attribute, and that no person or group should be privileged or discriminated against by the law. Equality before the law is a cornerstone of democratic societies, ensuring fairness, justice, and the protection of civil rights. It is a key mechanism to hold governments and citizens accountable to a set of laws that uphold human rights and prevent arbitrary power or discrimination.

Equality before the law

Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". This means that everyone must be treated equally under the law regardless of race, gender, colour, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias. The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.

The idea of equality before the law can be traced back to the Magna Carta, a key medieval document sealed in 1215 between King John of England and the Barons. The Magna Carta established the concept of the rule of law, where all citizens, including the King, must follow the law. It gave the people a mechanism to limit the power of the King and assert their rights, ensuring that all citizens, regardless of status, are subject to the laws of the land.

Freedom from discrimination

Equality before the law is rooted in the concept that both the government and citizens know and obey the law. This idea was outlined by Professor A.V. Dicey, who emphasised the supremacy of regular law over arbitrary power and the equal subjection of all classes to the ordinary law of the land. The Magna Carta, a medieval document sealed in 1215 between King John of England and the Barons, also played a pivotal role in establishing the principle of equality before the law.

The principle of equality before the law is enshrined in various legal and human rights frameworks around the world. For example, Article 7 of the Universal Declaration of Human Rights (UDHR) states, "All are equal before the law and are entitled without any discrimination to equal protection of the law." This principle is further reinforced by national constitutions and international laws, such as the International Covenant on Civil and Political Rights, which guarantee equality and non-discrimination on various grounds, including race, gender, colour, ethnicity, religion, disability, and other characteristics.

In the United States, the Fifth Amendment's Due Process Clause and the Fourteenth Amendment's Equal Protection Clause require the federal and state governments, respectively, to practice equal protection. This means that governmental bodies must treat individuals in the same manner as others in similar conditions and circumstances, not drawing distinctions based on irrelevant differences. The equal protection clause is crucial for protecting civil rights and ensuring that the government governs impartially.

The right to freedom from discrimination is not just a legal concept but also a moral and ethical imperative. It recognises the inherent dignity and worth of every individual, regardless of their attributes or identities. By ensuring that the law is applied equally to all, we promote fairness, justice, and respect for human rights in our society.

Rule of law

The rule of law is a concept that asserts that both the government and citizens know the law and obey it. The rule of law demands that the law should apply to all people equally, regardless of their status in society, including their race, culture, religion, or any other attribute. This concept, known as "equality before the law," is a fundamental principle of a just society and is enshrined in various national constitutions and international declarations, such as the Universal Declaration of Human Rights (UDHR).

Equality before the law means that all human beings have the right to be treated equally and protected by the law. It ensures that no individual or group is privileged over others and that everyone has access to equal justice. This principle is derived from philosophical and ethical questions concerning equality, fairness, and justice. It is also a tenet of liberalism and feminism, emphasizing the importance of equal rights and opportunities for all.

The idea of equality before the law has a long history, dating back to ancient philosophers like Guan Zhong, who declared that both the monarch and subjects should comply with the law. The concept was also present in Athenian democracy, as praised by Pericles, and is found in religious texts such as the Bible. The Magna Carta, signed in 1215, was a significant development in establishing equality before the law, limiting the power of the King and asserting the rights of citizens.

In modern times, the rule of law is upheld by independent judiciaries that interpret and apply the law impartially. Courts play a crucial role in ensuring that the rights of minority groups and individuals are protected and that the majority does not infringe upon their rights. The rule of law also requires that laws are publicly promulgated, independently adjudicated, and consistent with international human rights principles.

Equal protection

The principle of equality before the law, also known as equality under the law, legal equality, or legal egalitarianism, asserts that all people must be equally protected by the law. This principle, also referred to as isonomy, stems from philosophical inquiries into equality, fairness, and justice.

Equality before the law is a fundamental concept in liberalism, which calls for equality before the law for all persons. Classical liberalism, embraced by libertarians and modern American conservatives, opposes pursuing group rights at the expense of individual rights. This idea of equality before the law is also reflected in the Bible, which states, "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you."

The principle of equality before the law holds that the law should apply to all people equally, regardless of their status in society, including attributes such as wealth, age, gender, race, culture, religion, or any other characteristic. This concept is enshrined in the Universal Declaration of Human Rights (UDHR), which states, "All are equal before the law and are entitled without any discrimination to equal protection of the law." This guarantee of equality is provided by most national constitutions, although the specific implementations may vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.

Civil rights

The Fourteenth Amendment was passed in the aftermath of the Civil War, which marked a turning point for civil rights. The Republican majority in Congress was enraged by the actions of the reconstituted governments of the southern states, which attempted to circumvent the Thirteenth Amendment's freeing of slaves by passing laws known as the black codes. These laws were designed to reduce former slaves to the status of serfs or indentured servants; blacks were not just denied the right to vote but could also be arrested and jailed for vagrancy or idleness if they lacked jobs.

The Fourteenth Amendment was designed to ensure that the states would respect the civil liberties of freed slaves. The Fifteenth Amendment, proposed at the same time, was designed to ensure the right to vote for black men.

The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation. It prohibits discrimination on the basis of race, colour, religion, sex or national origin. The Act forbade discrimination on the basis of sex, as well as race, in hiring, promoting, and firing. It also prohibited discrimination in public accommodations and federally funded programs, strengthened the enforcement of voting rights, and reinforced the desegregation of schools.

The Equal Protection Clause has been interpreted in various ways. While it is widely agreed that the Fourteenth Amendment was passed to protect the rights of black Americans, many historians adopt a wider view, arguing that it was always intended to ensure equal rights for all citizens. This argument was used by Charles Sumner when he used the Fourteenth Amendment as the basis for his arguments to expand the protections afforded to black Americans.

The Supreme Court has used the Equal Protection Clause to prohibit discrimination on bases besides race. Most laws are assessed under so-called "rational basis scrutiny", where any plausible and legitimate reason for the discrimination is sufficient to render it constitutional. However, laws that rely on "suspect classifications" are assessed under "heightened scrutiny". Here, the government must have important or compelling reasons to justify the discrimination, and the discrimination must be carefully tailored to serve those reasons.

Race and national origin are considered "suspect classifications", but the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications. The Court has rejected arguments that age and poverty should be elevated to suspect classifications.

One of the greatest controversies regarding the Equal Protection Clause today is whether the Court should find that sexual orientation is a suspect classification. In its recent same-sex marriage opinion, Obergefell v. Hodges (2015), the Court suggested that discrimination against gays and lesbians can violate the Equal Protection Clause, but it did not decide what level of scrutiny should apply.

The Supreme Court has also shown increased willingness to find racial discrimination illegal in cases such as Shelley v. Kraemer (1948), which concerned a privately made contract that prohibited "people of the Negro or Mongolian race" from living on a particular piece of land. The Court found that, although a discriminatory private contract could not violate the Equal Protection Clause, the courts' enforcement of such a contract could, as courts are part of the state.

In conclusion, civil rights are fundamental guarantees by the government that it will treat people equally, with a particular focus on groups that have historically been denied equal rights and opportunities. The Fourteenth Amendment and the Civil Rights Act of 1964 are key pieces of legislation protecting civil rights, and the Supreme Court has used the Equal Protection Clause to prohibit various forms of discrimination. However, the Court's interpretation of the Clause continues to evolve, and debates continue over whether sexual orientation should be considered a "suspect classification".

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